Smt. Chandra Kala, v. The Principal Secretary To Revenue, State Of Telangana,
HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.39707 of 2015 ORDER:
Though the prayer of the petitioners is unable to convey the relief, which they are seeking, I have heard the learned counsel for the petitioners at length.
It appears from the applications of the petitioners filed under the RTI Act, 2005, Ex.P-6 dated 22-09-2015. Six different tenants against whom eviction orders were passed in R.C.Nos.2283, 2280, 2281, 2278, 2277 and 2279 of 1986 before the Rent Controller, City Civil Court, finally approached the Hon'ble Supreme Court, whereunder all of them were directed to vacate the premises by 31-12-2015. An order passed by the Supreme Court with regard to one of the six tenants viz., Kamalamma is produced by the petitioners along with the writ petition, wherein the Hon'ble Supreme Court disposed of SLP (Civil) No.5054/12 by order, dated 20-02-2015 extending time for eviction granted by this Court till 31-12-2015 subject to undertaking that they have to deliver possession to the 6th respondent, who was the respondent before the Hon'ble Supreme Court.
Presently, the grievance of the petitioners is that the entire property belongs to the Government of Telangana and as per the directions of the Supreme Court, referred to above, if the property is delivered to the 6th respondent, they will be prejudiced as they have filed applications for regularization under G.O.Ms.Nos.58 and 59, both dated 30-12-2014. I am unable to see any reason to entertain the writ petition, as the petitioners' applications for regularization are stated to be pending. The relief sought for is to seek adjudication that the land is in fact Government land. The process of this Court, therefore, cannot be used so as to defeat the orders of the Hon'ble Supreme Court. If the petitioner's applications for regularisation are pending, they will be appropriately considered by respondents 3 to 5 and appropriate orders will be passed. However, the
directions as sought for by the petitioners cannot be issued. Accordingly, the writ petition is dismissed. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_______________________ VILAS V.AFZULPURKAR, J Date: 08-12-2015 Prv
HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.39707 of 2015
08-12-2015 Prv